30
Can’t Stay. Can’t Go. Refused asylum seekers who cannot be returned
work alongside lawyers to get the right kind of
advice around what steps are needed to be
taken, and then we would help with the sort of
practical support. So that could be arranging
trips to embassies, arranging for witnesses
to accompany them and write statements,
referring them to community groups and things
like that. They [community groups] might be
able to provide support and evidence that the
person is a member of a particular community.
When we do send them to embassies, helping
them prepare what kind of documentation they
need. (Red Cross staff member, Leeds)
3.13.3 Disputed nationality cases
The Red Cross refugee support service frequently
comes across disputed nationality cases, in which
people need to obtain documents to prove their
nationality:
So there are cases where someone’s nationality
is disputed – cases where people need to get
documents from their country of origin, and they
can’t get those documents. Or where someone
needs proof of their nationality to be able to get
documents that would mean that they’re able to
return home. I think they’re the cases that can’t
proceed because they can’t get evidence. So
cases where there are disputes about whether
somebody is Sudanese or Eritrean, if somebody
simply can’t get those documents then you’re in
this impasse with the Home Office. (Red Cross
staff member, Glasgow 1)
The staff member in Leicester mentioned a
particular case:
Well, it’s like the other day I was with this lady;
she’s been refused because the Home Office
say she’s Ethiopian. She claims to be Eritrean
and she’s got no identification. Now she’s said,
“Okay, you say I’m Ethiopian; great, give me an
Ethiopian passport.” So we called the Ethiopian
embassy here and they’ve said, “We’re not
going to give anybody a passport if they
don’t have an ID already that proves they’re
Ethiopian.” So I said, “Well, she doesn’t have”
and they said, “Well, then we won’t be able
to help her.” So I thought, okay, let’s call the
Eritrean embassy and see what they say. Same
thing; they said, “Does she have Eritrean ID?”
I said, “No.” They said, “Well, we can’t help.”
So the only solution that they gave is that if she
finds three members of her family who have
an Eritrean ID – but she’s here alone. So she’ll
never be able to provide that evidence; so she
is in limbo. (Red Cross staff member, Leicester)
While the process of obtaining documents or proving
nationality continues, the person is left destitute:
The difficult thing about it all is the length of
time that that takes, and that someone is in
destitution. (Red Cross staff member, Glasgow 1)
3.14 Detention
Immigration detention refers to the government
practice of detaining asylum seekers and other
migrants for administrative purposes, typically
to establish their identities or to facilitate their
immigration claims resolution and/or removal
(Silverman 2016). It is an administrative process
rather than a criminal procedure.
At least seven of our participants had been in
detention at some point. Five were detained on
arrival in the UK and claimed asylum while in
detention.
Violet (Zimbabwe) arrived in the UK in 2003. She
was detained in 2008 and was released from
detention because the Zimbabwe Association
campaigned for her release.
Joshua (Ethiopia) arrived in the UK in April 2000.
He was detained in March 2005 and spent a total
of four months in detention:
They catch me for I sleep in the street rough.
They arrest me and put me in police station
for two weeks, and then take me to detention,
and I stay there for three months. They try to
remove me. They take me to airport, Heathrow,
on 6 June 2005, and when I reached there
they tell me that my flight was cancelled, and
they don’t tell me reason why. And they put me
back in detention and released me a month
later, only to be homeless. (Joshua, Ethiopia)
3.15 Statelessness
The UK statelessness procedure was introduced
in April 2013. The Birmingham, Leeds, Leicester
and Teesside Red Cross refugee support services
have all referred cases to the Liverpool Law Clinic,
which specialises in working with stateless people.
The Leeds service found that the clinic has not
recently had the capacity to take on referrals. The
Leeds staff member acknowledges: “It’s quite
a complicated application to make and to get
accepted.” For this reason, and because no legal
aid is available, local solicitors are reluctant to take
on such cases:
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents